Losing a loved one is always devastating. However, when that untimely passing is the result of another party’s negligence, the grief can be much more profound. If you’ve lost a loved one due to someone else’s negligence or intentional misconduct, it’s in your best interest to contact an experienced New Jersey Wrongful Death Lawyer who can help you fight for the justice your family deserves. Please continue reading to learn who is eligible to file a wrongful death claim in New Jersey and the types of damages available.
Who Can Recover Damages in a New Jersey Wrongful Death Case?
When a person passes before their time, it takes a significant emotional toll on virtually everyone close to them. However, New Jersey law restricts who can initiate a wrongful death lawsuit. Generally, only the personal representative of the deceased’s estate has the standing to file a wrongful death claim. If the deceased person doesn’t have a will, the court will appoint someone, usually a close relative, who can file on behalf of the surviving family members.
While only the personal representative can file the lawsuit, wrongful death damages can be recovered by the surviving spouse and children. If none exist, the deceased’s parents may recover. If no parents are alive, then it falls to siblings, nieces, or nephews according to intestacy laws. To calculate damages, the court will consider the deceased’s age, income, earning potential, and relationship with beneficiaries.
What Types of Damages Are Available?
New Jersey law restricts wrongful death damages. Recoverable damages in New Jersey include:
- Loss of financial support
- Loss of household services
- Loss of guidance and care
- Medical expenses related to the fatal injury or illness before death
- Loss of expected inheritance
- Funeral services
- Burial or cremation costs
In cases of gross negligence, the court may award punitive damages to punish the wrongdoer and deter future egregious conduct.
Are Pain and Suffering Damages Available?
Unfortunately, family members pursuing a wrongful death claim are barred from seeking compensation for their emotional distress or the loss of companionship. Nevertheless,s a distinct and separate legal avenue may be available to address these subjective types of losses.
When pursuing a wrongful death lawsuit in New Jersey, many consider filing a separate “survival action.” This essentially covers the damages the deceased endured between the time of the injury and their eventual death, such as pain and suffering and lost wages before passing.
Wrongful death cases can be complex. A determined attorney at the Law Office of Craig M. Rothenberg can help calculate the full damages your family is entitled to. Connect with us today to schedule your free initial consultation with our dedicated legal team.